jimmychan12

Basically im sure your all familiar with INA SECTION212 (II)(A)

the cimt was when i was 15 and i am now 19 so dont qualify for the "under 18" etc. part

so

Im just wondering what does it mean by "maximum penalty possible"?

You can help by an example

obviously i know manslaughter will not qualify but just for educational purposes:

Harry commits manslaughter.
manslaughter can carry up to life.
harry gets sentenced to 10 years in prison.
he only serves five.

Does Maximum penalty possible refer to the 10 years he was SENTENCED to or the life sentence he COULD of got?

Another factor i wanted to ask about is does it depend on the type of court? In the UK there are a magistrates court and a crown court. The maximum sentance a magistrates court can give is 1 year will this count as a petty offence?

lisa67

The maximum penalty he could have been given under US law.

jimmychan12

so basically i will need to apply for a waiver?

lisa67

As I understand it, and someone will be Long to correct me if I'm wrong, but you apply for the visa. If and when the visa gets denied you are either told to apply for a waiver or not.
Which visa are you applying for?

jimmychan12

Basically to give you all the details,

robbery at 15 was at magistrates court and given a 10 month "referral order".

i have a holiday booked for start of august to florida

i dont think i qualify for petty offence exception if i'm correct. (INA 212(2)(A)(2)

this means i will have to apply for a waiver.

Between all the things that need doing in between this (ACRO) (VISA APPLICATION) (WAIVER)

i reckon it will amount to £600 in total and around 30 weeks which i do not have.

will any one be able to confirm this i can give more details if neccessary

jimmychan12

b2 travel visa for a 2 week holiday in florida

Noorah101

jimmy,

I merged your related threads. Please keep the discussion in this thread (don't create a new thread for the same topic).

Thank you,
Rene
Moderator

jimmychan12

thank you and sorry

jeffreyhy

Excellent idea, much better than proposing hypothetical situations. The consular officer will be able to confirm following your interview for the visa application. No one else can. Regards, JEff

materialcontroller

£600 seems awfully expensive for a B2 waiver of ineligibility.

Even if you include everything - the cost of the ACPO, a memorandum of conviction, MRV fee, travel to London for the interview and then the DX Secure courier costs - you should still have plenty of change out of £600.

Mind you, the timeframe sounds about right. If anything, 30 weeks might be a tad optimistic.

jimmychan12

Firstly, thank you Jeff I reckon it's better to 'lay it out' rather then hope on stuff.

Okay, if 30 weeks sounds optimistic, do you think its worth the hassle? Would you suggest I should just wait till next year where I 'WILL' qualify for petty offence being 20 and the crime being committed at 15 (5 year gap) to go? As I am almost certain they wont show any lee way on the grounds of 1 year OR on the grounds of a referral order penalty (no imprisonment, just a fine and a meeting every 2 weeks) and see if I can get a transfer on my flights to head towards the Maldives and at least I have familiarised my-self with the procedure?

I am sure (up to argument) that I would be able to obtain a waiver for a non immigrant status. Its just the concept of time that I don't have as i'm scheduled to leave in august. Do I have to go through the visa application and be denied first before i apply for a visa waiver? I mean:

10 days + 3 for postage on ACRO
1 month? for a interview (to be most likely denied)
6 months for a waiver

It does make sense that a decision be made before I received a waiver and of course it is at the embassy's discretion but not meeting the criteria for a Visa I really don't see any lee-way being thrown my way.

Also would it affect chances of obtaining an immigrant visa later in time if i am denied now? If I am denied can i re-apply for a B2 next year when I 'DO' qualify for a petty offence exception?

Sorry for all the questions, I like to 'read the book I'm writing an essay on' so to speak- or would've just ticked no on the ESTA

jeffreyhy

Yes. There's nothing to waive if there isn't a denial of a visa application. Yes. One can apply as many times and as often as they like. It is wise, though, to wait to re-apply when circumstances have changed sufficiently that the result can be different. Regards, JEff

Noorah101

Yes. You can't apply for a waiver until after the visa has been denied, and the ConOff recommends you for a waiver.

No. An Immigrant Visa is totally different. Getting denied a B-2 does not necessarily mean getting denied for an Immigrant Visa.

Yes, you can always re-apply for a B-2 visa, whenever you want.

Rene

jimmychan12

Thanks to both of you, any regards to the time whether or not i would qualify for the petty offence or lee way based upon the circumstances??

EDIT: Of course I'm aware there is no control and the end decision lies with the embassy but if they were to go by the book it does indeed appear i am not eligible for a visa at this moment in time and don't want to bank on a hope and get excited for nothing?

Would it be best to give it a shot, because money isn't too much of an issue and if i am denied and it's say around late march early april then to get my flights transferred to elsewhere?

materialcontroller

I would say give it a shot. You've got nothing to lose.